Archive for June, 2008

Voters would need to OK state borrowing

After maxing out their credit card to one of the heaviest debt loads in the nation, state lawmakers may soon need voters’ permission before they can borrow again.

A constitutional amendment that would require voters to greenlight future state borrowing is gaining steam in Trenton, reflecting public frustration over a perceived addiction to spending and the state’s fiscal crisis.

The idea was embraced in January by Gov. Jon Corzine, who made it part of his broad financial restructuring plan. While that plan’s centerpiece — drastically cutting debt through dramatic toll hikes — collapsed, the borrowing amendment quietly advanced in the Legislature and has a decent chance to make the November ballot, lawmakers say.

“I think our debt is so overwhelming that people are realizing it’s a threat to the state,” said Sen. Leonard Lance (R-Hunterdon), who pushed the amendment for years. “I’m pleased, although we’re not home yet.”

New Jersey is struggling with more than $32 billion in state debt, the third-highest in the country. All but $3 billion was issued without voter backing.

Through the years, lawmakers and governors borrowed without voter approval for schools, highways, open space — even balancing the state budget, a practice now banned by the state Supreme Court. In the budget year that begins next month, taxpayers will shell out $2.7 billion to pay off these debts.

The state constitution already says voters must approve borrowing, but lawmakers routinely have dodged the requirement by authorizing quasi-state agencies to issue billions in debt, and promising to repay it through the state budget.

That strategy would be prohibited under the amendment, which cleared an Assembly committee last week and is scheduled for a public hearing before a Senate committee tomorrow. It has the support of Assembly Speaker Joseph Roberts (D-Camden), but Senate President Richard Codey (D-Essex) hasn’t made up his mind.

Codey said he needs to take “a long, hard look” to make sure it’s “not tying a future governor’s and Legislature’s hands” should a need for emergency borrowing arise.

“There are times when you’d need to do it and do it right away and not necessarily wait for an election,” he said.

Critics of the amendment say it would sap power from legislators elected to make intricate decisions, and turn complex borrowing schemes into yes-or-no issues vulnerable to voters’ snap judgments.

“Simple bumper-sticker politics do not lend themselves to (that) kind of decision-making,” said Steve Wollmer, spokesman for the powerful New Jersey Education Association teachers union. “It would really limit or potentially cripple the state’s ability to make timely investments for the public good.”

But supporters of the amendment say lawmakers have proven incapable of putting on the brakes.

“You always have to borrow, but you need to slow down the pace,” said Hyman Grossman, retired managing director of Standard & Poor’s Ratings Group and an observer of New Jersey budgets.

Corzine touted it as part of his financial reforms, but it got a fraction of the attention paid to the aggressive toll hike plan he pitched in town hall meetings. He acknowledges that part of his plan is dead, but says the amendment — along with freezing spending and trying to match spending to revenues — helps keep his promise of getting the state’s fiscal house in order.

Sen. Raymond J. Lesniak (D-Union), a primary sponsor of the amendment, said the aborted toll plan did highlight the state’s fiscal woes.

“The public is demanding that we make reforms like this or else they’re not going to support anything we do to solve our debt problem,” he said.

Corzine has drawn cries of hypocrisy for backing the amendment while pushing $2.5 billion in new nonvoter-approved borrowing for school construction. He says the short-term schools borrowing is a “constitutional responsibility” mandated by a state Supreme Court order to repair or replace hundreds of schools.

The court has also “been guilty” in enabling the creative borrowing, said Joseph Marbach, political scientist at Seton Hall University. In 2003, a sharply divided court ruled the state could continue to issue bonds through its authorities without asking voters first. The justices in the minority said the decision essentially killed the clause in the constitution giving voters control.

“The fact that we need a constitutional amendment to tell the court what the constitution says is also a little bit troubling,” Marbach said.

Lance agreed, rejecting the idea of relaxing regulations for school construction or anything else.

“Those who wish to borrow always give a reason why this borrowing is different from all other borrowing, why we don’t need to go to the people,” Lance said. “And that’s gotten us where we are.”

Staff writer Kasi Addison contributed to this report.

http://www.nj.com/news/index.ssf/2008/06/proposed_voters_to_ok_all_borr.html

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Defeat Corzine!

Have we the courage and the will to face up to the immorality and discrimination of the progressive tax? New Jersey now has the worst progressive tax structure in the nation. No wonder so many of our friends and neighbors are leaving New Jersey to places where they can keep the fruits of their labor. Only forty-two years ago New Jersey had no sales tax, no income tax, we had the third lowest property taxes in the country and we led the nation in opportunity. In 1966 they gave us a 3% sales tax and said that would solve what they called the “Property Tax Crisis,” then they raised it to 5% in 1977, 6% in 1983 and finally 7% under Jon Corzine. We now have one of the highest state sales taxes in the nation. In 1976 they pushed through an Income Tax and said that would end the “Property Tax Crisis.” The top rate was 2.5%. Today, we have the worst, most progressive income tax in the nation. And after all this, you and I are saddled with the highest property taxes in America. All because of Trenton’s failed policies. New Jersey’s state government that at one time served the noble purpose of defending individual liberty and prosperity, has morphed into a Central Planners’ fantasy playground. Today, the average taxpayer in New Jersey is paying 54% of their income to the tax collector.

Description The w:Statue of Liberty with w:Bayonne, New Jersey, taken from the w:Staten Island Ferry

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“The State of New Jersey will not grow out of its problems and revenues are not going to grow.”

Avidly supported by business and labor, legislation to extend for six years the life of building permits for stalled residential and commercial development projects yesterday began what is expected to be a 17-day express run through the Assembly and Senate.

The bipartisan proposal was unanimously approved by the Assembly Housing and Local Government Committee before a standing-room-only audience of more than 100 business, development and labor leaders and lobbyists, who insist the permit extension is needed to bolster New Jersey’s economy, and environmentalists, who argue it will endanger public health, clean water and open space.

Called the Permit Extension Act, the proposal would extend for six years all permits and approvals given to developers — even those that have expired — by the state and local governments. It would enable projects permitted in past years but stalled for financial reasons to avoid having to comply with subsequent changes in environmental law, public health standards, building codes or local zon ing.

The Assembly version (A2867) moves to the lower house’s Environmental and Solid Waste Committee. The goal of the sponsors of the measure and its twin version in the Senate (S1919), according to legislative aides, is to move the bill into position for approval by both houses by June 23. The Assembly bill has 43 co-sponsors, enough votes to guarantee passage. The Senate version has 15 co-sponsors, including Senate President Richard Codey (D-Essex).

Jeff Tittel, director of the Sierra Club of New Jersey, and an outspo ken opponent of the proposal, described the hearing to Housing and Local Government Committee members as a “lovefest” for developers.

Assemblyman Louis Greenwald (D-Camden), a prime sponsor of the bill, said it was introduced at the urging of business and labor leaders and developers who see business leaving the state, jobs lost, and new construction and financing stalled amid the economic downturn.

“Seventy thousand New Jerseyans have relocated to other states and along with them is going business,” he said. “The state of New Jersey will not grow out of its problems and revenues are not going to grow.”

Kathleen Miller-Prunty, director of Cranford Downtown Management, a group attempting to restore life to the town’s business district, appeared on behalf of the Smart Growth Economic Development Coalition, which she described as a statewide alliance of business, industry and urban renewal organizations formed last year to help find solutions to the state’s economic problems. Miller- Prunty said two earlier permit extension efforts, in 1992 and 1996, helped stabilize construction projects and created jobs.

The New Jersey Environmental Lobby, the Audubon Society, and the New Jersey Conservation Foundation joined the Sierra Club in opposing the bill.

Tom Hester may be reached at thester@starledger.com or at 609-292-0557.

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Development - The Debate

The Highlands Act is sweeping legislation that restricted development in a huge swath of northern New Jersey. But state officials have never quantified exactly how much development was off the table — until now.

If the Highlands Act had never passed, some 47,600 new homes and 108 million square feet of commercial development could have been built in the seven-county region that provides water to more than half of the state’s population, according to a “build-out analysis” unveiled at yesterday’s Highlands Council meeting in Chester.

Under the act, however, if all 88 municipalities in the 1,250-square-mile Highlands region went along with the council’s development plan, up to 12,300 homes and 19.1 million square feet of nonresidential space could be built.

But that number of homes and offices will never be built, the council’s analysis concluded because there is not enough water and sewer capacity in the region to support it.

The master plan “is going to have a very large impact on the amount of development that is allowed in the region,” said John Weingart, chairman of the New Jersey Highlands Council. “At the same time, it does show the Highlands Act is not going to stop all development in the region.”

Some council members — who also saw the analysis for the first time yesterday — said the numbers might suggest the council needs to further tighten some policies.

“We shouldn’t be planning for more development than can be supported,” council member Tim Dillingham said.

“I think the build-out analysis has basically confirmed what many people have known for a long time,” said Julia Somers, executive director of the environmental group New Jersey Highlands Coalition. “We are already facing a water shortage … we’ve just not wanted to deal with it.”

Council Executive Director Eileen Swan stressed the analysis is “not a prediction,” but a tool to measure the affect the regional master plan — which the council has been drafting for more than three years — would have on the area.

It is likely, she added, development in the Highlands may never get near the numbers in the build-out analysis because so much of the land is in environmentally sensitive areas and not connected to existing sewers and water lines.

The Highlands are a series of forested ridges, farmlands and water bodies that stretch through Passaic, Bergen, Morris, Sussex, Warren, Somerset and Hunterdon counties. The region supplies drinking water to people living in areas extending from Bergen County through parts of Gloucester County.

For years, environmentalists and scientists argued steady development was threatening the water supply. In 2004, Gov. James E. McGreevey and the state Legislature aimed to safeguard the region once and for all through the Highlands Water Protection and Planning Act. The act created the Highlands Council, which would draft the master plan that is due to be adopted next month.

Critics of the Highlands Act — many of whom see it as a thinly disguised land grab — remained skeptical.

Long Valley farmer David Shope, a fixture at most Highlands Council meetings, called the numbers “garbage.” The Highlands Act, he said “is a strangulation by regulation of anything possibly happening up here.”

Doug Fenichel, a spokesman for K. Hovnanian builders, declined to comment directly on the numbers yesterday because he had not seen them. But he did stress the state’s affordable-housing shortage.

“Whatever the plan they come up with, you have to come up with a way to address the need for housing in the state of New Jersey,” he said. “Building those homes is the answer to solving our economic needs.”

Paula Saha may be reached at psaha@starledger.com or (973) 539-7910.

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Citizens of NJ First

Hi Brian,

Thank you to the more than 1,000 people who told the state Assembly to stand up to the developers’ dream bill that would extend building permits for up to seven years.

The environmental progress we have worked so hard to win is in danger. Positive steps protecting New Jersey’s open spaces and water over the last two years would be as if they never happened. New protections occurring over the next five years to ensure New Jersey keeps its status as the Garden State won’t apply.

No wonder developers have been intent on cozying up with Legislators on this bill as they aspire to protect their own interests above those of New Jersey’s environment. Just yesterday, an Assembly committee ignored public outcry and unanimously passed the developers’ dream bill.

Send an e-mail to your Senator to tell them to stop these environmental rollbacks and end the developers’ dreams.

It will roll back protections that Environment New Jersey and our members fought to win to protect our state’s waterways and allow developers to ignore environmental protections passed in the next five years. It would give new life to developments that have been defeated in the past, like Eagle Ridge in Passaic County, a 280+ home project above the largest reservoir in the state, the Wanaque.

The effort would give up to seven years to extend projects until the eve of 2013, regardless of what strong environmental protections occur in the next five years. The bill even negates past protections adopted after 2006, including some that Environment New Jersey fought hard to win, like no-development buffer zones around state waterways to reduce flooding.

Unfortunately, the bill is still gaining traction, with 15 Senators caving to the developers, and signing on.

Tell your Senator to oppose this legislation right now!

HELP US STOP THE DEVELOPERS’ DREAM BILL!

For more details on this breaking news, visit our Web site.

Sincerely,

Dena Mottola
Environment New Jersey Executive Director
DenaM@EnvironmentNewJersey.org
http://www.environmentnewjersey.org

P.S. Thanks again for your support. Please feel free to share this e-mail with your family and friends.

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A Crossroads

Below is the text of the speech he gave to Americans for Prosperity-New Jersey activists at our Defending the American Dream Summit in Trenton, May 30th, 2008:
I am going to talk of controversial things. I make no apology for this because today we stand at a crossroads, a time in our history as Americans that we will choose our destiny. We are to choose whether we will follow a road towards Liberty and Prosperity, a road whose course was mapped by the vision of our Founding Fathers. Oh, yes, a difficult road because freedom and liberty come at great expense. It is a road paved with the blood and sacrifice of the hundreds of thousands of men and women who gave so much so we may live free.
Or will we choose to take the easy road, downhill towards an oppressive big government, the quicksand of the entitlement state and the abdication of our individual freedom to Central Planners who see themselves as superior and who believe they know how better to manage our lives than we do?

It is fitting that we gather here in Trenton, the “Crossroads of the American Revolution,” a critical battleground in the war for the American Dream.

When our ancestors came here from County Cork fleeing the Potato Famine, in steerage from Palermo, Sicily or Russia to work fourteen hours a day in a sweatshop, or from the rice paddies of China to build railroads, or escaping Cuba in leaking boats, they came to a country where they knew they would find freedom and opportunity. Everyone here draws great pride from a heritage of ancestors who worked hard, saved and sacrificed, striving to build a better future for their children. They did not expect America to extend a handout. They did not say “We are entitled to own a home, a car, a free education and health care or food stamps. Give us what we want, we are in America.” NO, they asked for one thing - freedom. And with their bare hands, these proud immigrants forged a nation. Today, many who come to our country, and those already in our country, are taught they have a right to the things others have: a right to own a house, even a right to air conditioning.

NO, THEY DO NOT. Every American has the right to work, to save and to have equal access to opportunity to struggle and achieve an equal protection under the law. But, they do not have a right to equal things.

No one should have a mortgage on the success of others.

We have witnessed the expansion of the entitlement state and the growth of a culture of dependence. Let me outline some of the destructive proposals we are facing.

Governor Corzine’s mandate to have the taxpayers of this state fund 100,000 Low Income Housing Units is the most insidious example of the danger of big government entitlement in the country. With tens of thousands of our job producing residents fleeing our state, the Central Planners want to force massive Low Income Housing across every town, making New Jersey a magnet state for welfare recipients

The next target of the Central Planners is the small towns that make New Jersey strong. The planners recognize the danger small towns pose to their grand schemes. They want to get all those little towns with their pesky mayors and councils out of the way. These little towns that put the wants and needs of their residents above all else are the biggest obstacles to Trenton’s ruling class. The planners want control of our neighborhoods, our schools, our streets and whatever else they can manipulate, and small town governments are their enemy. They tell you that New Jersey has too many little towns. I say New Jersey has to much state government.

The planners want control of the complex medical profession. They’re trying to force something they call Universal Health Insurance. This is a misleading term for socialized medicine. The same reckless and irresponsible bureaucracy that can’t manage its way out of a paper bag, that could not build a handful of school buildings without losing billions of your dollars, thinks they can socialize medicine. Well, you cannot socialize the medical profession without socializing the patients.

On the national level, our position as the world’s leader in industry is being compromised by faulty Cap and Trade regulations, another sugar coated slogan for higher taxes and fewer jobs. This is a response to the hysteria of “Global Warming” and the price tag is astronomical. We cannot allow United Nations planners to redistribute our wealth around the world to suit their world vision.

I could go on and on. The Trenton leviathan knows no limits to its insatiable appetite for power, power and more power.

Plutarch warned, “The real destroyer of the liberties of the people is he who spreads among them bounties, donations and benefits.”

The Founding Fathers knew a government can’t engineer society without controlling people. And they knew when a government sets out to do that; it must use force and coercion to achieve its goals. It is not just a coincidence that the largest growth of government in New Jersey has been in the area of enforcement. Consider the massive Department of Environmental Protection that has become a pseudo-judicial branch of government with the power of judge, jury and executioner over every business and landowner in the state. The new Comptroller is ready to use its power to enforce the planner’s mandates in every last small town. The Investigator General and the bureaucracy of the Division of Taxation are all about building government enforcement power. This should concern every one of us, as the increasingly powerful central Planners use their force to implement the mandates necessary to conduct their experiments. Does anyone here choose to be a caged rat in the laboratory of government experimentation?

Any time you and I question the schemes of the do-gooders, we’re denounced as being opposed to their humanitarian goals. It seems impossible to legitimately debate their solutions with the assumption that all of us share the desire to help the less fortunate. They tell us conservatives are “against,” never “for” anything.

So here is what we are for: We believe “Home Rule” is the government closest to the people. Local governments are the cornerstone of Democracy, the models of efficiency and the greatest protection we have against the radical agenda of the Central Planners. You and I need to restore confidence in this great asset and end the Central Planners’ attack on our small government heritage.

We believe the private sector can do just about anything the government does better and more efficiently and that we must unleash the power of ingenuity, development, and progress that only the private sector can propel by getting the government off the backs of small business people.

We believe there should be a safety net for those amongst us who truly need help and support. But that net must not be a spider’s web that captures and holds anyone in its grasp. It should be a trampoline that works to launch everyone’s potential to achieve.

We believe in the spirit of individual giving and must promote the prosperity that has made America the most charitable country in the world. Private charities are a far better way to meet society’s needs than a government program.

We stand for true tax reform that will at least make a start toward restoring for our children the American Dream that wealth is denied to no one, that each individual has the right to fly as high as his strength and ability will take him. But we cannot have such reform while our state is engineered by people who view taxes as a means of achieving changes in our social structure.

Have we the courage and the will to face up to the immorality and discrimination of the progressive tax? New Jersey now has the worst progressive tax structure in the nation. No wonder so many of our friends and neighbors are leaving New Jersey to places where they can keep the fruits of their labor. Only forty-two years ago New Jersey had no sales tax, no income tax, we had the third highest property taxes in the country and we led the nation in opportunity. In 1966 they gave us a 3% sales tax and said that would solve what they called the “Property Tax Crisis,” then they raised it to 5% in 1977, 6% in 1983 and finally 7% under Jon Corzine. We now have one of the highest state sales taxes in the nation. In 1976 they pushed through an Income Tax and said that would end the “Property Tax Crisis.” The top rate was 2.5%. Today, we have the worst, most progressive income tax in the nation. And after all this, you and I are saddled with the highest property taxes in America. All because of Trenton’s failed policies. New Jersey’s state government that at one time served the noble purpose of defending individual liberty and prosperity, has morphed into a Central Planners’ fantasy playground. Today, the average taxpayer in New Jersey is paying 54% of their income to the tax collector.

So you and I find ourselves at a crossroads. Are you willing to spend time studying the issues, making yourself aware, and then conveying that information to family and friends? Are you prepared to take the road to preserving the “American Dream” for generations to come by writing letters, making phone calls, giving your time and even your money to defend liberty? That’s why we are gathered here and we will leave here tomorrow armed with a new vision for our state and ready to do our jobs as Americans. Thank you.

Steve Lonegan was Mayor of Bogota, NJ, and is Executive Director of Americans for Prosperity - New Jersey. Americans for Prosperity (AFP) and Americans for Prosperity Foundation (AFP Foundation) are committed to educating citizens about economic policy and mobilizing those citizens as advocates in the public policy process. He is a prolific writer, having been published in newspapers and blogs. He just published a book, Putting Taxpayers First: A Blueprint for Victory in the Garden State, that discusses the impact of the Trenton government on the well being of the taxpayers of the state. He offers solid and workable solutions. Learn more at lonegan.com.

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New Jersey’s energy future not clear

Governor reconsiders points of energy plan

When Gov. John Corzine and his staff announced last year that they would be drafting a ten-year energy master plan for the state, Environment New Jersey set out to convince the governor to make energy efficiency and renewable energy the center of the plan, and to reject the utility lobbyists’ proposal to build new nuclear and fossil fuel plants in the state.

A copy of the draft plan leaked in October revealed that the governor was buying the utility lobby’s proposal, tying New Jersey’s energy future to the dirty and dangerous energy sources of the past—the same sources responsible for so many of New Jersey’s environmental problems.

A better way

Our current power plants have already left us with long-term consequences that we cannot live with and cannot afford to fix—everything from childhood asthma to excessive fish kills to the looming threat of global warming. The list, unfortunately, goes on. So Environment New Jersey raised our concerns with reporters across the state and alerted the public to the long-term implications of building new power plants.

By the end of the year, the governor brought the plan back to the drawing board to reevaluate its priorities and take another look at renewable energy and energy efficiency.

That’s a good start. This spring, Gov. Corzine will release the draft of his planand will ask for the public’s input at public hearings across the state. Environment New Jersey will continue to advocate clean energy solutions and will encourage citizens and interested organizations to join us in asking Gov. Corzine to say “no” to the construction of new, dirty power plants.

The future is now

Instead, the governor should develop a plan that reduces overall energy consumption in New Jersey by promoting more efficient homes, businesses and appliances. And he should promote clean, renewable energy sources such as solar and wind.

With the right strategies, New Jersey can decrease our reliance on the energy sources of the past and move toward clean energy solutions that reduce harmful emissions, create new jobs, and position New Jersey as a world leader in innovative technology.

Learn more.

Recent update: Environment New Jersey In The News.

arrow Renewable energy sources like solar can replace dirty energy sources like coal, oil and gas.

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It is time for Corzine to come clean

A day after a state judge ordered Gov. Jon Corzine to make public hundreds of pages of e-mail between his office and state-worker union leader Carla Katz, the governor yesterday released a partial breakdown of the computer traffic but continued to refuse to describe its contents.

At the same time, the state Republican leader who sued for access to the records said he will ask Superior Court Judge Paul Innes to order the governor’s office to pay upward of $40,000 in legal fees spent on the lawsuit seeking release of the correspondence.

After refusing for more than a year to give any detail about the e-mails between Corzine and his ex-girlfriend, the governor’s office yesterday said only 100 pages of the nearly 800 pages of printouts submitted to the judge were messages that involved the governor.

Corzine spokeswoman Deborah Howlett said 11 messages were sent by Corzine to Katz; 50 were sent by Katz to the governor; and 11 more were sent by Katz to Corzine’s then-chief of staff, Tom Shea, and copied to the governor.

The rest of the printouts were e-mails to and from members of the governor’s staff and attachments that included things like copies of legislation, Howlett said.

“We’re releasing the numbers to clarify the misinformation that there were hundreds of e-mails from the governor,” Howlett said. “We wanted to set the record straight about the governor.”

Republican Chairman Tom Wilson was unimpressed with the disclosure.

“This is an effort in damage control, plain and simple,” Wilson said. “They are in big trouble on this one. They were found by a court of law to be in violation of the law. Seventy or 700, it doesn’t matter. This should give people plenty of reason to want to see for themselves whether there were improper communications.”

Wilson said that under the state’s Open Public Records Act, a citizen who wins a lawsuit seeking release of records can be awarded legal fees.

“Jon Corzine has stepped forward to volunteer to pay for all sorts of things out of his own pocket,” Wilson said of the multimillionaire governor. “I expect that he will volunteer to pay the legal fees out of his pocket as well. The purpose is not to punish the taxpayers but to tell the governor that he’s not above the law. Let him explain to the taxpayers next year why a private citizen had to sue for public records.”

Katz’s attorney, Sid Lehmann, said, “Since I have never seen which e-mails the governor’s office turned over to the court .¤.¤. I can’t verify the number of e-mails or who authored them.'’

Howlett stressed that the Corzine administration will not back away from plans to appeal Friday’s ruling — to the state Supreme Court if necessary. The appellate process will likely drag deep into 2009, a gubernatorial election year.

Of Wilson’s plan to seek legal fees, Howlett said: “That’s a matter for the court to decide. They’re entitled to make that filing.”

In his strongly worded ruling, Innes said the e-mails, sent during the first 18 months of Corzine’s term, were not merely private discussions between the governor and his former girlfriend. He ruled they are public documents under OPRA and said the relationship between the governor and the head of the largest state-worker union local “created a clear potential for conflict.”

Innes ordered the governor to release the e-mails within two weeks. Attorney General Anne Milgram said she will file a motion to keep the e-mails secret pending the outcome of all appeals.

Wilson’s lawyer, Mark Sheridan, said he will oppose that effort: “We will seek immediate release, as the judge ordered.”

by Josh Margolin/The Star-Ledger

Sunday June 01, 2008, 8:00 AM

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the NJ Supreme Court decisions in Mount Laurel and Abbott v. Burke and property taxes

A Property Tax Disaster by
Every legislator claims to favor property tax relief, but by their actions shall you know them. The present majority gave us the fraudulent “millionaires’ tax”, rebates with borrowed money, etc. But none of these rookie efforts compares with the threat posed by A-500.

Therein, Speaker Roberts and a cadre of urban legislators draw a bead on suburban taxpayers. Should this proposal pass – and be coupled with even more coercive COAH regulations – it could mean property tax increases in the hundreds of millions, of billions, of dollars.

A little history. New Jersey owes its property tax catastrophe to many causes, not the least among them a plethora of municipal entities and powerful public employee – especially teachers’ – unions. But the two primary offenders are the Supreme Court decisions in Mount Laurel and Abbott v. Burke.

In Mount Laurel, the Court discovered that the New Jersey Constitution compels localities to get into the subsidized housing business. Unhappy with simply removing asserted barriers to construction of low cost housing, the Court authored the mother of all housing mandates, determining that unless municipalities employ affirmative action to ensure construction of low and moderate income housing, a developer could overturn the zoning ordinance to do so. The entirely predictable result? Massive sprawl. (Oh, and the poor – the alleged beneficiaries of this exercise in judicial social experimentation – remain clustered in the cities.)

In the Robinson/Abbott line of cases, the Courts, while inventing a right to a “thorough and efficient education” (a profoundly meaningless term and a bastardization of the actual constitutional language) seized control of taxing and spending authority from a spineless (or complicit) Legislature, compelling massive spending in a handful of assertedly “poor” districts. Over the years, at a cost of tens of billions of dollars, teachers, administrators and builders have prospered; the students continue to languish. And suburban taxpayers get the bill.

In the 1950s, many communities proudly referred to themselves as bedroom communities, but the twin banes of Mt. Laurel and Abbott created a dynamic in which municipalities became housing-phobic. Additional housing means additional kids, and kids cost an unholy fortune. Because, under Abbott, the lion’s share of property tax relief spending goes to urban areas (the residents of which don’t pay much property tax), new children – especially in modestly priced homes – massively increase property taxes for existing residents.

Unsurprisingly, municipalities attempt to evade the judicially-created obligation to construct such homes, cutting deals with urban neighbors to send a few million bucks – cheap at the price – pursuant to regional contribution agreements, so as to avoid the construction mandate. RCA’s represent the Tony Soprano theory of government, with COAH approaching a municipality and demanding protection money: “Nice little zoning ordinance you got there. It would be a pity if anything was to happen to it.” Other dodges include age restricted housing, rehabs, etc. ANYTHING to keep new families with kids out of town.

COAH’s recently adopted regulations, and A-500, make matters infinitely worse. Consider the scenario for (say) Bridgewater, a cozy Somerset County town of approximately 45,000 souls. COAH recently sent it a note: “congratulations: you need to build (approximately) 1000 new units of “affordable” housing.”

Now, assume that DEP will actually allow construction; not being in the Highlands, that’s a possibility. In waltzes a developer with a site, upon which he proposes to build 5000 units: 1000 “affordable” units and, per standard, 4000 market rate units.

Will the developer upgrade the local water treatment plant – again, assuming that DEP would permit it? HA! It is to laugh. But let’s even take that out of the equation, and concentrate entirely on schools.

5,000 units; let’s assume 1 kid per unit = 5,000 new students. That’s, what, 10 new schools? Not being an Abbott district, the entire cost of that construction would fall on the shoulders of the existing taxpayers. Let’s be generous and assume that each unit pays $7,000 in annual property taxes. Bridgewater presently spends (roughly) $12,200 per kid, which means that present taxpayers will see their taxes increase by $26 million (5000 new kids at $5,200 deficit each), not including the costs of school construction.

But wait, there’s more. If the Abbott folks are correct – students from poor families need spending of roughly $25,000 per year to compensate for their poverty – that makes the deficit for 1000 of those kids roughly $18000 per annum. Oh, and the state contributes a princely 8% of the costs of educating a child in Bridgewater.

This development, then, would be an unmitigated property tax disaster for the local residents.

Kewl, ain’t it? In one fell swoop, the poor taxpayers in Bridgewater see their taxes increase by about $35 million. And that’s just for schools, never mind additional services necessary for a town which increased by 25% in population overnight.

Have some fun; estimate the odds that an urban legislator will propose foregoing full state-funded construction of 347 new schools in Abbott districts to help out Bridgewater. Or estimate the odds that any one of them would support cutting a nickel’s worth of state boodle to their own districts to send additional funds to a “rich” Somerset County town.

Given the schizophrenic nature of state government, we witness COAH insisting that we construct something like 575,000 new housing units, while DEP permits not a stone to be turned or a tree felled in the Highlands (never mind venerable protected areas like the Pinelands, CAFRA covered municipalities, etc.). A-500 proposes a 2.5% tax on all non-residential construction, which will, of course, make NJ look so much more attractive and competitive compared to PA or DE.

(One might also ask who the state anticipates will be living in all this new housing. New Jersey hemorrhages citizens at a 75,000-100,000 per annum pace; only through immigration, legal and otherwise, does our population remain stable. Does COAH anticipate that immigrants will live in this new subsidized housing? It’s all well and good to welcome (legal) immigrants with open arms, but it’s quite another matter to demand that existing residents subsidize their trip.)

Of course, it doesn’t have to be this way. We can address the housing problem by addressing the school funding problem: give each child an equal, state funded voucher.

If each kid came with a voucher, municipal opposition to housing construction would abate, because they’d be assets, not liabilities. A fair number of them would attend private schools, making their parents’ property tax payments pure municipal profit. And those who attend public schools would, now, pay their own way. The need for tens of billions of new construction spending on Abbott district schools would vanish. The incentive – and the ability – for Newark or Keansburg to lavish excessive salaries or reward employees with sweetheart deals would evaporate.

In short, kids, their parents, and the property taxpayers would benefit massively. Only those with a financial stake in the present, hugely expensive and horribly unfair system would suffer.

So, instead of further, tremendously expensive mandates from Trenton, turn things around. Treat every child equally; repeal Abbott and Mount Laurel and abolish COAH. If one wishes to curtail municipal power to “exclude”, add a provision to the constitution which reverses the presumption in favor of the validity of zoning ordinances to one which compels municipalities to justify any restriction they impose. Property rights would ensure against unreasonable local enactments.

Trenton – especially the courts – created the property tax monster and, now, they propose to make it progressively worse. The correct solution is – as it almost always is – fewer mandates and more freedom. Getting government out of the housing business constitutes a mighty step in the right direction.

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